What Abbott’s Order Actually Changes
No.
There is a lot of noise about Governor Abbott waiving dyed-diesel restrictions. The phones are ringing. The search bar is busy. The important question is simpler than the headline.
On September 28, 2026, the Governor issued a statewide disaster proclamation. It expanded the use of dyed diesel on Texas roads by suspending state restrictions and the penalties that came with them. Farmers and truckers can put dyed diesel in a highway tank without the usual state fine — for now.
That is the change. Here is what did not change.
The proclamation does not waive the underlying highway fuel tax. Federal diesel tax is 24.4 cents a gallon. Texas diesel tax is 20 cents a gallon. Combined, that is $44 cents a gallon. If dyed diesel goes on the road, the operator reports the use to the Texas Comptroller and the IRS and must still pay the tax.
The order does not open dyed diesel to anyone with a truck and a debit card. Tax-free dyed diesel still requires the right paperwork — typically an End User Number from the Comptroller and a signed statement that the fuel is for qualifying use. Bear Oil will not sell around that.
If you already run agriculture, construction, or freight, and you cannot get highway diesel, you may have a temporary path to keep moving with dyed diesel on Texas roads. You still account for the gallons. You still pay the highway tax on the gallons. You still keep records an inspector can read.
If you do not already qualify to buy dyed diesel, this order does not mean you now qualify.
The same order suspends certain oversize and overweight permitting for vehicles loaded with fuel, agricultural, or timber products and allows those loads up to 95,000 pounds gross. Texas Low Emission Diesel rules are suspended only as far as the EPA authorizes. The Governor has asked EPA for a temporary waiver of federal ultra-low sulfur diesel rules. That request is not a waiver until EPA says it is.
Treat it as temporary. Disaster proclamations can be extended or allowed to lapse. Do not rebuild a fuel plan around a penalty holiday. Rebuild it around supply you can count on and records that survive the holiday.
We will keep dyed and clear diesel moving for the customers and industries that depend on us. We will not tell you the tax disappeared. We will help you document what you take and pick up the phone when the rule shifts again.
If you need fuel, a cardlock plan, or a clear read on what this order allows, call the Office. Tell us what is going on the highway and what is staying off-road. We will put the right fuel in the tank and walk you through what still has to be reported to the Comptroller and the IRS, so you are not guessing when this order ends.
If you do not already qualify to buy dyed diesel, this order did not change that. Ask us anyway. We will tell you what you can take today, what paperwork dyed fuel still requires, and how to keep the equipment you have running.
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This page is operational guidance, not tax or legal advice. Confirm current requirements with the Texas Comptroller of Public Accounts and your tax advisor.
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